Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ To Call / Whatsapp, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article ✕
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law ✕
Filter by Law
View Top Authors
Advanced Search ❮
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
Applicability of packaged commodities rules clarifies when labeling obligations attach to pre-packaged goods sold domestically.
The Legal Metrology (Packaged Commodities) Rules, 2011 impose labeling and packaging obligations for pre-packaged commodities offered for retail sale in India, requiring PDP, net quantity and manufacturer details; goods supplied in bulk or for internal institutional use, distributed free or as trials, or manufactured solely for export are generally outside these obligations unless repackaged, relabelled, sold domestically, or otherwise placed on the retail market. (AI Summary)
Author
Date 21 Jul 2025
Like 1 Bookmark
Input Tax Credit fungibility: valid ITC can be used to pay GST on unrelated taxable supplies within one registration.
Once Input Tax Credit is validly availed it merges into the Electronic Credit Ledger as a common pool and may be used to discharge any output tax liability under the same registration; entitlement depends on lawfully availed credit and that inputs were used in the course or furtherance of the business, rather than any commodity wise nexus between specific inputs and outputs. (AI Summary)
Date 19 Jul 2025
Like 0 Bookmark
Interest liability on delayed GST returns: advisory may warn taxpayers but formal recovery requires statutory intimation and response.
The department issued an advisory informing a taxable person of interest liabilities under Section 50 for delayed self-assessed GST and warning of recovery under Section 79. The court held that while an advisory may alert the taxpayer, enforceable recovery requires issuance of the statutory intimation in Form GST DRC 01D under Rule 142B and Section 75(12), which operates as a notice affording an opportunity to respond and pay before recovery steps under Section 79 may be taken. (AI Summary)
Date 19 Jul 2025
Like 0 Bookmark
GST applicability on school bus services: payments by parents make the transport services ineligible for exemption and taxable.
Transport services paid directly by parents do not qualify for the exemption because the supplier is the bus operator and the parents are the recipients; the school neither provides nor receives the service, so the transaction falls outside the exemption and is taxable. (AI Summary)
Author
Date 19 Jul 2025
Like 0 Bookmark
Labeling Requirements ensure packaged commodities disclose accurate product, quantity and pricing information across retail and online channels.
The rules require all packaged commodities, including imports and e commerce sales, to display clear Labeling Requirements: product name, manufacturer/packer/importer identity, net quantity with units, manufacture/packaging month and year, consumer complaint contacts, and MRP inclusive of taxes; packaging must meet quantity tolerance limits and include barcodes/QR codes or digital identifiers for traceability, with additional mandates for nutritional, health and sustainability disclosures and coordinated compliance monitoring. (AI Summary)
Author
Date 19 Jul 2025
Like 0 Bookmark
Liability of directors and managers: personal accountability arises where metrology offences result from consent, connivance or negligence.
Directors, managers, secretaries and officers in charge may be held personally liable under the Legal Metrology Act, 2009 when an offence is committed with their consent, connivance or due to their negligence; actionable conduct includes use of non certified or manipulated measuring instruments, incorrect weights or measures, non compliant packaging and labeling, and failure to maintain required records, and some offences may be compounded while others attract the same penalties as the company. (AI Summary)
Author
Date 19 Jul 2025
Like 0 Bookmark
Zero-rated supply principle: no penalty under Section 129(1)(a) where no tax is payable due to e-way bill expiry.
A detention penalty predicated on payment of tax cannot be imposed where a supply is zero-rated and no tax is payable; zero-rated exports, distinguishable from exempt supplies because they allow input tax credit, attract nil tax liability and therefore the statutory precondition for percentage-based penalty calculation is absent. Procedural breach of e-way bill validity alone does not suffice to justify an enhanced penal percentage when no tax is due, and a previously imposed two-hundred percent penalty was reduced with release of the security furnished under protest. (AI Summary)
Author
Date 19 Jul 2025
Like 0 Bookmark
Legal metrology standards require verification and certification of measuring instruments and mandated labeling to protect consumers.
The rules require registration of manufacturers and dealers, mandatory use of prescribed national standards and SI units, periodic verification and certification of commercial weighing and measuring instruments evidenced by stamps and certificates, prohibition on sale or use of unverified devices, detailed packaging and labeling obligations for pre packaged and imported goods, maintenance of stock and verification records, and enforcement by authorized officers with powers to inspect, seize goods and impose sanctions including fines, imprisonment and confiscation. (AI Summary)
Author
Date 19 Jul 2025
Like 0 Bookmark
Model approval of measuring instruments secures pre market conformity and enforcement to protect consumers and ensure fair trade.
The rules require model approval for weighing and measuring instruments prior to manufacture, import, distribution, or sale, based on submission of technical specifications, accredited testing reports and samples; authorized authorities test for accuracy, durability and environmental performance and issue a Certificate of Approval for compliant models that must bear a certification mark, with time bound validity, renewal procedures, revocation powers for nonconformity, and enforcement measures for non compliance. (AI Summary)
Author
Date 19 Jul 2025
Like 0 Bookmark
Cross border succession risk: NRIs must align wills, trusts and foreign exchange compliance to avoid probate and tax complications.
Cross-border succession for NRIs involves conflicts between connecting rules-such as lex situs for immovables and domicile for movables-and Indian personal law regimes, creating jurisdictional complexity. Operational risks include nonrecognition of foreign wills, procedural probate demands, tax exposures on inherited income and capital gains, and limited relief under DTAAs for estate taxes. Compliance with FEMA affects repatriation and transfers, while trusts and dual wills are practical estate planning tools that must align with tax, probate and foreign exchange rules; specialist, jurisdiction specific planning is recommended. (AI Summary)
Author
Date 18 Jul 2025
Like 0 Bookmark
GST e-appeal portal and return filing clarification streamline procedural compliance and reduce submission errors for taxpayers.
A centralized GST e-appeal portal (GSTAT User Manual Version 2.6) provides step by step procedures for registration, role selection, document uploads, filing appeals and applications, re filing defective submissions, filing cross objections, and accessing case information to create a paperless, transparent process for litigants, representatives and revenue officers; GSTN has also advised that Table 12B in GSTR 1 is not mandatory and recommends a single dummy entry in Table 12A for taxpayers with no B2B supplies to prevent system errors pending a software upgrade. (AI Summary)
Date 18 Jul 2025
Like 0 Bookmark
Limitation under GST: orders issued after the statutory adjudication period are time barred and lose legal validity.
Limitation under the GST adjudication framework requires a show cause notice within a prescribed two year and nine month period and final adjudication within a prescribed three year period from the due date of the annual return; orders rendered after the three year period are vulnerable as time barred and may be treated as not valid, preventing reopening of the same liability. (AI Summary)
Date 18 Jul 2025
Like 0 Bookmark
Reconstituted selection committee authority: may restart candidate scrutiny absent statutory bar, subject to non arbitrariness review.
Reconstituted Search cum Selection Committees may initiate a fresh selection process under Rule 3 of the Rules, 2023 because Rule 3 prescribes procedural stages but contains no express limitation on a reconstituted committee; the phrase "as it may deem fit" confers discretion to re scrutinise applications and obtain Intelligence Bureau inputs, and such actions are permissible absent arbitrariness. (AI Summary)
Author
Date 18 Jul 2025
Like 0 Bookmark
National standards for weights and measures require traceable calibration and verification before commercial use to ensure uniformity in trade.
The rules establish national standards as the primary reference for measurements, require their periodic maintenance, recalibration and traceability to international units, and mandate that commercial weighing and measuring instruments be calibrated by accredited laboratories, tested, verified and marked with an approval seal before use; manufacturers, dealers and importers must ensure conformity, with noncompliance subject to regulatory penalties. (AI Summary)
Author
Date 18 Jul 2025
Like 0 Bookmark
Numeration rules require standardized numeric expression and SI unit conformity to prevent misleading labelling and ensure measurement clarity.
The Legal Metrology (Numeration) Rules, 2011 establish a uniform framework requiring decimal Arabic numerals, appropriate digit grouping, significant-figure and rounding standards tied to instrument precision, and legible, non-misleading presentation. The rules mandate conformity with the International System of Units, correct unit symbols and combinations, controlled use of SI prefixes, and specific labelling requirements for pre-packaged goods. Non-compliance may attract penalties including fines, seizure of goods, and further legal action. (AI Summary)
Author
Date 18 Jul 2025
Like 0 Bookmark
Voluntary deposit offers in bail hearings are deprecated and may preclude merits-based bail assessment, prompting remand.
The Supreme Court deprecated counsel-led voluntary deposit offers that foreclose merits-based bail assessment and criticised approbation-and-reprobation where a party later reneges; it emphasised voluntariness and counsel's conduct, set aside orders influenced by such offers, and remitted the matter for fresh consideration while granting limited interim protection. (AI Summary)
Author
Date 18 Jul 2025
Like 0 Bookmark
Government approved test centre regulation ensures accredited testing, calibration and certification of commercial measuring instruments.
A regulatory framework requires organizations to obtain accreditation from the Director of Legal Metrology to operate as Government Approved Test Centres, demonstrating adequate infrastructure, equipment, qualified personnel and conformity with national reference standards; approved centres must perform testing, calibration, issuance of Certificates of Compliance, maintain records, undergo periodic inspections and face suspension, revocation or penalties for non compliance. (AI Summary)
Author
Date 18 Jul 2025
Like 0 Bookmark
Compulsory use of jute packaging enforces regulated standards while supporting industry development and export promotion.
The Jute Board operates under the Jute Packaging Materials (Compulsory Use in Packaging Commodities) Act and allied legislation to enforce the compulsory use of jute packaging, set quality standards and certification, and coordinate regulatory and market measures. Constituted with a government-appointed chairman, multi-stakeholder membership, a CEO, and advisory committees, the Board combines regulatory enforcement with developmental schemes-industry development, export promotion, R&D, training, and farmer support-to enhance production capacity, product diversification, and export competitiveness. (AI Summary)
Author
Date 18 Jul 2025
Like 1 Bookmark
Statutory time limit for provisional assessments introduced, with specified suspension grounds for foreign verification and appeals.
The 2025 amendment to Section 18 imposes a statutory time limit for finalizing provisional assessments with a limited administrative extension and enumerates specific suspension grounds-such as requests for foreign information, pending judicial or appellate decisions, interim stays, central board directions, and Settlement Commission matters-requiring officer notification and resumption of the timeline when suspensions end, while leaving unspecified the legal consequences of failure to meet the prescribed timeframe. (AI Summary)
Date 17 Jul 2025
Like 0 Bookmark
Service by uploading on GST portal constitutes valid statutory service under Section 169, impacting appeal limitation and condonation.
Service by uploading an order on the GST portal is a valid mode of service under Section 169(1) of the CGST/WBGST Act and the listed modes are alternative rather than sequential, except that clause (f) requires prior impracticability. The appellate authority erred in mechanically rejecting the appeal as time-barred without considering its power to condone delay; the High Court set aside the rejection for reconsideration in light of these principles. (AI Summary)
Author
Date 17 Jul 2025